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File ID: 14313
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF THE SOUTHWESTERN PORTION OF REAL
PROPERTY AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 980 MacArthur Causeway
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: This request is to change the Land Use designation from "Major Institutional, Public
Facilities, Transportation and Utilities Space" to "Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On September 4, 2024, the motion to
recommend approval failed, by a vote of 2-5.
City of Miami File ID: 16436 (Revision: A) Printed On: 10/17/2024
City of Miami
Legislation
Ordinance
Enactment Number:14313
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16436 Final Action Date: 9/26/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF THE SOUTHWESTERN PORTION OF REAL
PROPERTY AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the southwestern portion of the property located at 980 MacArthur
Causeway, Miami, Florida ("Property") has a current future land use designation of "Major
Institutional, Public Facilities, Transportation and Utilities"; and
WHEREAS, the City of Miami ("Applicant" or "City") submitted a request to amend the
Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to
change the future land use designation of the Property to "Restricted Commercial"; and
WHEREAS, the Property site is 5.31 ± acres in size and is located along the
southwestern portion of Watson Island (Tract D of Plat Book 166 Page 11); and
WHEREAS, the Property is owned by the City and developed as Miami Seaplane Base;
and
WHEREAS, Chalks Airline, Inc. ("Chalks") established an airline in 1919 and moved to
the location based on an arrangement for the property with the State of Florida, who owned the
property at that time, which was continued when the land was deeded to the City in 1949 as
described in Deed Number 19947 and subsequently subleased to Chalks by Miami Sports
Exhibition Authority ("MSEA"), an independent and autonomous agency and instrumentality of
the City, pursuant to and as amended by the Settlements of March 6, 2002 and July 20, 2014
("Lease"); and
WHEREAS, there is an existing Lease for a term of thirty (30) years with an effective
date of July 29, 2014, with Chalks, doing business as Nautilus Enterprises, LLC, to develop and
operate a seaplane base on the Property; and
City of Miami File ID: 16436 (Revision: A) Printed On: 10/17/2024
WHEREAS, on January 28, 2016, the Miami City Commission adopted Ordinance No.
13588, which amended the FLUM of the Property from "Public Parks and Recreation" to "Major
Institutional, Public Facilities, Transportation, and Utilities"; and
WHEREAS, on September 11, 2018, Chalks filed a state court action against MSEA and
the City ("2018 Action") in the Circuit Court of the 11th Judicial Circuit and for Miami -Dade
County, Florida, styled Chalks Airline, Inc. v. Miami Sports and Exhibition Authority, et al., Case
No. 2018-030887-CA-01; and
WHEREAS, on October 25, 2018, the Miami City Commission adopted Ordinance No.
13801 abolishing MSEA; and
WHEREAS, on June 19, 2019, the Planning, Zoning and Appeals Board ("PZAB"),
pursuant to Resolution No. PZAB-R-19-026, approved with conditions two (2) Exceptions, an
associated Warrant, and an associated Waiver pursuant to Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, as amended ("Miami 21 Code"), to permit the expansion,
modernization, master planning, and operation of the existing Major Air Transit Facility on a
parcel zoned CI — Civic Institutional Transect Zone; and
WHEREAS, Chalks and the City desired to settle and resolve the 2018 Action as set
forth in the Settlement Agreement, attached and incorporated; and
WHEREAS, on April 11, 2024, the City Commission adopted Resolution No. R-24-0143
approving the settlement agreement with Chalks, authorizing the City Manager to execute any
and all necessary documents to effectuate the settlement; further authorizing the City Manager
to accept Chalks' execution of a general release of their claims and demands, and a dismissal
of their claims against the City of Miami with prejudice, upon the City of Miami's completion of
certain specific terms, in a form acceptable to the City Attorney; authorizing the City Manager to
amend the capital plan to appropriate, allocate, re -appropriate or re -allocate funds for the
completion of capital improvements as may be specified in said agreement at the time of need;
and
WHEREAS, pursuant to the Settlement Agreement, the City will apply for a zoning
change from "Cl," Civic Institutional Transect Zone, to "T6-12," Urban Core Transect Zone to
allow a hotel use on the Property; and
WHEREAS, the Property requires an amendment of the FLUM from "Major Institutional,
Public Facilities, Transportation, and Utilities" to "Restricted Commercial" to support and permit
the rezoning from "Cl," Civic Institution Transect Zone, to "T6-12," Urban Core Transect Zone;
and
WHEREAS, the Florida Legislature amended the Community Planning Act in 2021 to
require every city and county to include a Property Rights Element in their Comprehensive
Plans; and
WHEREAS, amending the FLUM for the Property from "Major Institutional, Public
Facilities, Transportation, and Utilities" to "Restricted Commercial" will allow for the rezone from
"Cl," Civic Institution Transect Zone, to "T6-12," Urban Core Transect Zone, consistent with the
MCNP; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on September 4,
2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-058,
recommending denial of the land use amendment as a motion to recommend approval of the
land use amendment failed, by a vote of two to five (2-5), Item No. PZAB.5; and
City of Miami File ID: 16436 (Revision: A) Printed On: 10/17/2024
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change necessary; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to
approve this amendment to the FLUM of the MCNP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to
small scale amendment procedures subject to §163.3187, Florida Statutes, is hereby amended
by changing the Future Land Use designation of 5.31 ± acres of real property at 980 MacArthur
Causeway, Miami, Florida from "Major Institutional, Public Facilities, Transportation and Utilities"
to "Restricted Commercial", as described in "Exhibit A", attached and incorporated.
Section 3. It is found that this amendment to the MCNP designation change involves a
use of fifty (50) acres or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) The proposed amendment does not involve a text change to goals, policies, or
objectives of the City's comprehensive plan, but proposes a land use change to the
future land use map for a site -specific development. However, text changes that
relate directly to, and are adopted simultaneously with the small-scale Future Land
Use Map amendment shall be permissible;
(c) Is one which is not located within an area of critical state concern as designated by
§380.0552, Florida Statutes or by the Administration Commission pursuant to
§380.05(1), Florida Statutes;
(d) Density will be "Restricted Commercial," one hundred fifty (150) dwelling units per
acre, pursuant to the MCNP and as may be permitted under the land development
regulations; and intensity will be as established in Article 4 of the Miami 21 Code;
and
(e) The amendment complies with the applicable acreage and density limitations set
forth in the Local Government Comprehensive Planning and Land Development
Regulation Act including, without limitation, §163.3187, Florida Statutes.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.'
1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance. it shall become
City of Miami File ID: 16436 (Revision: A) Printed On: 10/17/2024
APPROVED AS TO FORM AND CORRECTNESS:
g III, C y�ttor�ey / 9/17/2024
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 16436 (Revision: A) Printed On: 10/17/2024